H0440B0426A04172 SFR:JSL 12/05/19 #90 A04172
AMENDMENTS TO HOUSE BILL NO. 440
Sponsor: REPRESENTATIVE KAUFFMAN
Printer's No. 426
Amend Bill, page 1, line 1, by striking out "Title" and
inserting
Titles
Amend Bill, page 1, line 1, by inserting after "Offenses)"
and 42 (Judiciary and Judicial Procedure)
Amend Bill, page 1, line 3, by striking out the period after
"expungement" and inserting
, for petition for limited access, for clean slate limited
access and for effects of expunged records and records
subject to limited access; and, in administration of justice,
further providing for attachment and summary punishment for
contempts.
Amend Bill, page 2, line 6, by striking out "pardoned" and
inserting
granted an unconditional pardon
Amend Bill, page 2, line 25, by inserting after "episode"
following a trial and a verdict of not guilty
Amend Bill, page 4, by inserting between lines 8 and 9
Section 2. Sections 9122.1(a) and 9122.2(a)(1) and (3) and
(b)(2)(i) of Title 18 are amended to read:
§ 9122.1. Petition for limited access.
(a) General rule.--Subject to the exceptions in subsection
(b) and notwithstanding any other provision of this chapter,
upon petition of a person who has been free from conviction for
a period of 10 years for an offense punishable by one or more
years in prison and has completed [each court-ordered financial
obligation of the sentence] payment of all court-ordered
restitution and the fee previously authorized to carry out the
limited access and clean slate limited access provisions, the
court of common pleas in the jurisdiction where a conviction
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occurred may enter an order that criminal history record
information maintained by a criminal justice agency pertaining
to a qualifying misdemeanor or an ungraded offense which carries
a maximum penalty of no more than five years be disseminated
only to a criminal justice agency or as provided in section
9121(b.1) and (b.2) (relating to general regulations).
* * *
§ 9122.2. Clean slate limited access.
(a) General rule.--The following shall be subject to limited
access:
(1) Subject to the exceptions under section 9122.3
(relating to exceptions) or if a court has vacated an order
for limited access under section 9122.4 (relating to order to
vacate order for limited access), criminal history record
information pertaining to a conviction of a misdemeanor of
the second degree, a misdemeanor of the third degree or a
misdemeanor offense punishable by imprisonment of no more
than two years if a person has been free for 10 years from
conviction for any offense punishable by imprisonment of one
or more years and if [completion of each court-ordered
financial obligation of the sentence] payment of all court-
ordered restitution and the fee previously authorized to
carry out the limited access and clean slate limited access
provisions has occurred.
* * *
(3) Criminal history record information pertaining to a
conviction for a summary offense when 10 years have elapsed
since entry of the judgment of conviction and [completion of
all court-ordered financial obligations of the sentence]
payment of all court-ordered restitution and the fee
previously authorized to carry out the limited access and
clean slate limited access provisions has occurred.
(b) Procedures.--
* * *
(2) The Administrative Office of Pennsylvania Courts
shall transmit to the Pennsylvania State Police repository:
(i) The record of charges subject to limited access
under subsection (a)(2) within 30 days after entry of the
disposition and payment of [each court-ordered
obligation] any ordered restitution.
* * *
Section 3. Section 9122.5 of Title 18 is amended by adding a
subsection to read:
§ 9122.5. Effects of expunged records and records subject to
limited access.
* * *
(c) Use for sentencing.--Notwithstanding any other provision
of this chapter, a record subject to limited access under
section 9122.1 or 9122.2 shall remain part of a person's
criminal history record information and shall be disclosed to a
court for any relevant purpose in accordance with law, including
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sentencing.
Section 4. Section 4132 of Title 42 is amended by adding a
paragraph to read:
§ 4132. Attachment and summary punishment for contempts.
The power of the several courts of this Commonwealth to issue
attachments and to impose summary punishments for contempts of
court shall be restricted to the following cases:
(1) The official misconduct of the officers of such
courts respectively.
(1.1) The willful failure of the officers of such courts
to disclose a person's complete criminal history record
information when requested.
(2) Disobedience or neglect by officers, parties, jurors
or witnesses of or to the lawful process of the court.
(3) The misbehavior of any person in the presence of the
court, thereby obstructing the administration of justice.
Section 5. Within 365 days of the effective date of this
section, the Administrative Office of Pennsylvania Courts and
the Pennsylvania State Police shall identify and complete the
processing of records that are eligible for expungement under 18
Pa.C.S. § 9122(a)(4), limited access under 18 Pa.C.S. §
9122.2(a) and clean slate limited access under 18 Pa.C.S. §
9122.2(a)(1) and (3).
Amend Bill, page 4, line 9, by striking out "2" and inserting
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See A04172 in
the context
of HB0440